Swapan Kumar Chatterjee v. Ajit Kumar Layek

01,DL,Ct.18.

11.12.2019 AJ.

C.O. 1533 of 2020 Sri Swapan Kumar Chattaraj -Vs- Sri Ajit Kumar Layek Mr. Pinaki Ranjan Chakraborty, Mr. Amal Kumar Banerjee.

... for the petitioner.

The defendant/tenant in a suit for ejectment is the petitioner of the instant application under Article 227 of the Constitution of India.

The petitioner suffered a decree of eviction and aggrieved thereby preferred the connected appeal being Title Appeal No. 04 of 2019 pending before the learned District Judge, Paschim Bardhanman at Asansol.

The Appeal Court below by the Order No.8 dated March 06, 2020, the impugned order herein has fixed occupation charges in respect of the suit property at Rs.5,000/- per month as the condition for stay.

The petitioner contends that the occupation charge so fixed is too high and does not commensurate with the rate of rent last paid by him.

The Appeal Court below overruled such contention of the petitioner holding that the

occupation charge should not be equivalent to the monthly rent and considering the location of the suit property fixed the occupation charge at the aforesaid rate.

The Appeal Court below is quite justified in holding that the occupation charge has no nexus with the rate of rent of the suit property.

On perusal of the decree under appeal it appears that the suit property consists of three rooms, one courtyard, one veranda, bathroom and kitchen under the Asansol Municipal Corporation. The area and the location of the suit property justify fixation of the occupation charges at the said rate.

I therefore do not find any illegality and/or infirmity in the order impugned warranting interference.

C.O.1533 of 2020 is dismissed.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Biswajit Basu, J.)